DWI Chemical Test Refusal?

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When it comes to a DWI Chemical Test Refusal – don’t risk your family, your license, your job, or your financial future. Our Attorneys have the experience to defend you and fight your Aggravated DWI charge. Our relationships and understanding of local courts, judges and prosecutors are key to helping our clients get the best possible legal outcomes.

Defending DWI Chemical Test Refusal Charges in New York State: Strategies and Considerations

In New York State, drivers are considered to have given their consent to take a chemical test (breathalyzer, blood, or urine) when they operate a motor vehicle on public roads. This is known as the “Implied Consent” law. If you are arrested for a DWI, the police officer will ask you to take a chemical test. You have the right to refuse the test, but there are serious consequences for doing so.

If you refuse a chemical test, your driver’s license will be suspended for one year. This suspension is automatic and cannot be appealed. You will also be charged with a misdemeanor, which carries a fine of up to $500 and up to 15 days in jail.

If you have a prior DWI conviction or refusal within the past 5 years, the penalties for refusing a chemical test are more severe. Your driver’s license will be suspended for 18 months, and you could face up to 1 year in jail.

There are a few exceptions to the Implied Consent law. For example, you do not have to take a chemical test if you are:

  • Under the age of 21
  • A commercial driver
  • Injured in an accident
  • In a medical emergency

Here are some additional things to keep in mind about DWI chemical test refusal in New York State:

  • The refusal of a chemical test can be used against you in a criminal trial. The prosecutor can argue that your refusal is evidence of guilt.
  • You can still be convicted of a DWI even if you refuse a chemical test. The prosecutor can use other evidence, such as your driving behavior, your appearance, and the results of field sobriety tests, to prove that you were intoxicated.
  • If you are convicted of a DWI, you may be eligible for a hardship license after your suspension period ends. However, you will not be eligible for a hardship license if you refuse a chemical test.
Penalties for a DWI Chemical Test Refusal Charge in New York State

The penalties for a DWI chemical test refusal charge in New York State are:

  • Driver’s license suspension: Your driver’s license will be suspended for one year. This suspension is automatic and cannot be appealed.
  • Misdemeanor charge: You will be charged with a misdemeanor, which carries a fine of up to $500 and up to 15 days in jail.
  • Civil penalty: You will be assessed a civil penalty of $500.

If you have a prior DWI conviction or refusal within the past 5 years, the penalties are more severe:

  • Driver’s license suspension: Your driver’s license will be suspended for 18 months.
  • Misdemeanor charge: You could face up to 1 year in jail.
  • Civil penalty: You will be assessed a civil penalty of $750.

There are a few exceptions to the penalties for DWI chemical test refusal. For example, you will not be penalized if you refuse a chemical test because:

  • You are under the age of 21.
  • You are a commercial driver.
  • You are injured in an accident.
  • You are in a medical emergency.

If you are arrested for a DWI and refuse a chemical test, it is important to speak with an attorney as soon as possible. An attorney can help you understand your rights and options, and can represent you at the DMV hearing to challenge the suspension of your driver’s license.

Building a Robust Defense Strategy

Evaluating the Traffic Stop: The foundation of any DWI Chemical Test Refusal defense begins with a thorough examination of the traffic stop. Was there probable cause to initiate the stop? Were the proper procedures followed by law enforcement? Any violations of the defendant’s Fourth Amendment rights can significantly impact the case’s validity.

Challenging Sobriety Tests: DWI Chemical Test Refusal cases often involve field sobriety tests, which can be subjective and prone to human error. Our experienced attorneys meticulously scrutinize the administration of these tests to identify any inconsistencies or improper procedures that could undermine their reliability.

Questioning Chemical Tests: Chemical tests, such as breathalyzers, urine or blood tests, are crucial pieces of evidence in DWI Chemical Test Refusal cases. However, these tests are not infallible. Our legal team will investigate whether the testing equipment was properly calibrated, maintained, and operated by certified personnel. If there are discrepancies, the validity of the test results can be called into question.

Medical Conditions and Prescription Medications: Some medical conditions and prescription medications can lead to impaired driving without the presence of alcohol or illegal drugs. Our defense strategy explores the possibility of a medical condition or medication affecting the defendant’s ability to operate a vehicle safely.

Constructing Alternative Explanations: We work closely with our clients to gather detailed accounts of the events leading up to their DWI Chemical Test Refusal charge. By understanding the context and circumstances, we can build alternative explanations for their behavior that may not necessarily point to impairment.

Navigating Legal Options

Our legal team is well-versed in the nuanced laws of New York State, including its DWI Chemical Test Refusal statutes and sentencing guidelines. Depending on the specifics of the case, we can pursue various legal avenues:

Negotiating Reductions: Through skillful negotiation, we aim to secure reductions in charges or penalties, such as obtaining a plea deal to a lesser offense or pursuing enrollment in a substance abuse education program.

Challenging Evidence in Court: If necessary, we are prepared to take the case to trial. Our experienced litigators will present a strong defense, cross-examine witnesses, and challenge evidence in court to achieve the best possible outcome.

Protecting Driving Privileges: DWI Chemical Test Refusal convictions can result in the suspension or revocation of driving privileges. We will advocate for our clients to retain their driving rights whenever possible.

Conclusion

Facing a DWI Chemical Test Refusal charge in New York State can be a daunting experience, but the DWI Team is dedicated to providing unwavering support and exceptional legal representation. Our extensive knowledge of the legal landscape, combined with our commitment to protecting clients’ rights, empowers us to construct robust defense strategies tailored to each unique case. From dissecting the traffic stop to challenging sobriety tests and negotiating favorable outcomes, we stand as the shield against DWI Chemical Test Refusal charges, advocating for the best interests of our clients at every turn.

Frequently Asked Questions

No, you do not have to take a chemical test if you are arrested for a DWI in New York State. However, there are serious consequences for refusing a chemical test, including the automatic suspension of your driver’s license for one year.

There are a few exceptions to the Implied Consent law in New York State. You do not have to take a chemical test if you are:

  • Under the age of 21
  • A commercial driver
  • Injured in an accident
  • In a medical emergency

The penalties for refusing a chemical test in New York State are:

  • Driver’s license suspension for one year
  • Misdemeanor charge, which carries a fine of up to $500 and up to 15 days in jail
  • Civil penalty of $500

If you have a prior DWI conviction or refusal within the past 5 years, the penalties are more severe:

  • Driver’s license suspension for 18 months
  • Misdemeanor charge, which could carry up to 1 year in jail
  • Civil penalty of $750
Yes, you can still be convicted of a DWI even if you refuse a chemical test. The prosecutor can use other evidence, such as your driving behavior, your appearance, and the results of field sobriety tests, to prove that you were intoxicated.
A DMV hearing is a hearing held by the New York State Department of Motor Vehicles (DMV) to determine whether your driver’s license should be suspended for refusing a chemical test. You have the right to attend the hearing and present evidence in your defense.
The chances of winning a DMV hearing vary depending on the specific facts of your case. However, if you have a good attorney who can present strong evidence in your defense, you have a good chance of winning the hearing.
If you are convicted of a DWI and refuse a chemical test, you will face the penalties outlined above. You may also be eligible for a hardship license after your suspension period ends. However, you will not be eligible for a hardship license if you refuse a chemical test.
If you are arrested for a DWI and refuse a chemical test, you should speak with an attorney as soon as possible. An attorney can help you understand your rights and options, and can represent you at the DMV hearing to challenge the suspension of your driver’s license.

Some of the defenses to a DWI chemical test refusal charge include:

  • You were not advised of your rights
  • You were coerced into refusing the test
  • The test was not administered properly
  • The test results were inaccurate

There are a number of resources available to you if you are facing a DWI chemical test refusal charge. These include:

  • The New York State Department of Motor Vehicles (DMV)
  • The National Highway Traffic Safety Administration (NHTSA)
  • The National College for DUI Defense (NCDD)
  • The National Motorists Association (NMA)

If you have any other questions, please contact us at info@dwiteam.com

Please note that laws and regulations can change over time, so it’s important to consult with a legal professional or refer to official sources for the most up-to-date information regarding DWI Chemical Test Refusals in New York State.

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It is not so easy to find a DWI attorney. People sometimes treat, and attorneys represent DWI charges as if they were simple traffic tickets. As a result, it can dramatically affect someone’s job, finances, freedom, and their ability to be valued members of our society.

With the government having access to an unlimited amount of resources to convict people, many times, people are forced to plead guilty to something that they either were not guilty of or something that would affect the rest of their life.

That’s why if you are facing a DWI charge, you need a competent, experienced, and respected attorney to defend you. The DWI TEAM is comprised of some of the most accomplished DWI professionals in New York state. Nave Law Firm has brought together these exceptional professionals as The DWI TEAM to offer DWI defense services of the highest order. With Nave Law Firm’s leadership, The DWI TEAM provides our clients with seamless service using the most cutting edge defense strategies in seeking the best outcome possible in their case.

It is not so easy to find a DWI attorney. People sometimes treat, and attorneys represent DWI charges as if they were simple traffic tickets. As a result, it can dramatically affect someone’s job, finances, freedom, and their ability to be valued members of our society.

With the government having access to an unlimited amount of resources to convict people, many times, people are forced to plead guilty to something that they either were not guilty of or something that would affect the rest of their life.

That’s why if you are facing a DWI charge, you need a competent, experienced, and respected attorney to defend you. The DWI TEAM is comprised of some of the most accomplished DWI professionals in New York state. Nave Law Firm has brought together these exceptional professionals as The DWI TEAM to offer DWI defense services of the highest order. With Nave Law Firm’s leadership, The DWI TEAM provides our clients with seamless service using the most cutting edge defense strategies in seeking the best outcome possible in their case.

Why work with the DWI TEAM?

DWI laws apply universally to all courthouses in New York. However, every courthouse has its own culture and expectations about how a DWI case should be prosecuted and punished. The local attorneys for the DWI TEAM have worked in courts throughout the counties in New York and have intricate knowledge of the culture, rules, and procedures prevalent in each courthouse. They know how to pitch their case and tailor a defense accordingly. The attorneys that represent the DWI TEAM have also fostered and developed a professional relationship with the judges, court staff, and prosecutors of each courthouse.

With a FREE consultation and our Best Price Promise – we are your unbeatable choice. We offer payment plans as low as $500 down and work closely with our clients to ensure you can afford quality representation. If we don’t believe we can help, we won’t take any money.

The attorneys with the DWI TEAM understand the stress involved in facing criminal charges. They particularly understand the complexities and complications of fighting a DWI case. For that reason, our attorneys are accessible to clients, answering their calls directly and promptly. Our staff provides moral and emotional support to clients at every stage of a DWI proceeding – from the inception of the case to post-conviction progress reports.

If you or a loved one has been charged with a DWI or any other driving offense, contact the DWI TEAM. We will carefully examine the specifics of your case, and if we do not feel we can help you, we will not take any money.

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Our client’s initial offer was to plead guilty to a DWI, with a BAC of .27. This would leave our client with a criminal record for the rest of his life. We believed there was an issue with the stop, so we pushed forward. At hearings the officer said he stopped the vehicle because of a welfare check. He admitted there were no traffic infractions and that the stop was based solely on the concern for the wife. After the hearings, we submitted a memo of law outlining our issues. In the end, the Judge ruled that this was in fact, a bad stop and suppressed all the evidence and as a result, the case was dismissed.
Law enforcement said our client had a BAC of 0.21 and had caused an accident in which he rolled his vehicle. During extensive negotiations with the prosecution, we were able to demonstrate that the accident was caused by inclement weather and our client had extensive equities from prior military combat experience. The result was an offer to a DWAI which is a non-criminal traffic infraction that – due to the accident and high BAC – was significantly outside of the District Attorney’s reduction policy.
Our client is an air traffic controller for the Army and holds a security clearance. He was snowmobiling the night of his arrest and was stopped on his way home for operating a snowmobile after midnight. He was arrested and taken to the station where he blew a .23. Our attorneys explained that our client would lose his job/career with a misdemeanor conviction. By presenting legal proof regarding the BAC and equities tied to his career, we were able to obtain an SWAI (no criminal) result, protect our client’s job, and have the record of his conviction sealed.
Our client was arrested for DWI, Leaving the Scene of a Personal Injury Accident, and Failed to Keep Right. It was unclear if our client or his friend was driving. Our client was very concerned as he is in the process of becoming a Corrections Officer and a DWI conviction would make that difficult, if not impossible. Our attorneys discovered our client was in possession of valuable information that could assist the DA’s Office in felony prosecutions. In exchange for our client’s cooperation with all testimony at Grand Jury the DA’s Office dismissed the case in the interests of justice. Our client was left with no criminal record and his career plan of becoming a Corrections Officer intact.
Our client was involved in a head-on collision and charged with DWI. In light of her prior DWAI conviction, she faced possible jail time and revocation of her driver license. Our efforts on her behalf yielded a result that pleased the client and her husband. She pleaded guilty to the reduced count of DWAI and a traffic violation, and she avoided the more serious penalties allowed by law.
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